BAILII completes upload of Scots case law for open access

BAILII have now completed their work of loading a large number of historic Scottish case reports provided to them by the Scottish Council of Law Reporting (SCLR) on to the BAILII database for open access. The database includes:

Decisions of the Court of Session:

Morison’s Dictionary of Decisions (Court of Session) 1540-1808

Brown’s Supplement (A Supplement to the Dictionary of Decisions of the Court of Session)1622 to 1780

Elchies’ Decisions and notes 1733-54 (which augments and sometimes duplicates) Morison’s Dictionary

Hailes’ Decisions of the Lords of Council and Session 1766 to 1791

Decisions of the House of Lords (Scotland):

Robertson’s Reports (Robertson) 1709 - 1727

Paton’s Scotch Appeals, House of Lords (Paton) Vols 1 - 6 : 1726 - 1821

Dow’s House of Lords Cases (Dow) Vols 1 - 6 : 1812 - 1818

Bligh’s House of Lords Reports (Bligh) Vols 1 - 4 : 1819 - 1821

Shaw’s Scotch Appeal Cases (Shaw) Vols 1-2 : 1821 - 1824

Wilson & Shaw’s Appeal Cases, House of Lords (WS) Vols 1 - 7 : 1825 - 1835

Shaw & Maclean’s Scotch Appeal Cases (SM )Vols 1 -3 : 1835 - 1838

Maclean & Robinson’s Appeal Cases (MacRob) Vol 1 : 1839

Robinson’s Scotch Appeal Cases (Rob) Vols 1-2 : 1840 - 1841

Bell’s House of Lords Appeal Cases (Bell) Vols 1 - 7 : 1842 - 1850

Macqueen’s Scotch Appeal Cases (Macqueen) Vols 1 - 4 : 1851 - 1865

Paterson’s Scotch Appeals (Paterson) Vols 1 - 2 : 1851 - 1873

Jury Court Reports:

Murray’s Jury Court Cases (Murray) Vols 1- 5 : 1815 - 1830

“Trial of civil causes’ by jury was re-introduced, after long agitation and against considerable opposition, in 1815. At that period there were large arrears in appeals from the Court of Session to the House of Lords. Many issues which are now finally decided by jury were then taken on appeal to the highest court in the realm, and some of these cases, being purely questions of fact, were a cause of great difficulty in the House of Lords. As a result, Lord Eldon, in 1815, introduced a bill, which became a law, establishing a jury court separate from the other courts for the sole purpose of trying questions of fact remitted to it from the other courts. This jury system was of the English type. In 1830 the separate jury court was abolished and jury trial was incorporated with the ordinary jurisdiction of the Court of Session.”

Rufus Fleming ‘The Scottish Jury’, Michigan Law Review, Vol. 5, No. 7 (May, 1907), pp. 520-544.

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